Reporters Without Borders, 4 December 2008 : KENYA

Parliament close to adopting draconian media bill

Reporters Without Borders believes that a proposed new media law currently before Kenya's parliament would, if adopted, represent a big step backwards for press freedom in a country known for diverse and outspoken media. The "Kenya Communications Amendment Bill 2008," also known as the "ICT Bill," would reinforce government control over media companies and programme content.

"It is particularly shocking that the political class is uniting behind the ICT Bill while journalists are unanimous in criticising it as draconian and vindictive," Reporters Without Borders said. "We urge the authorities to respect and reinforce independent regulatory bodies and not subordinate them to a minister's discretionary powers."

The press freedom organisation added: "This bill must not be adopted as it stands. We call for it to be withdrawn and reexamined in consultation with media professionals."

Currently in its third reading – the penultimate legislative stage before adoption by President Mwai Kibaki – the ICT Bill provides for heavy fines and prison sentences for press offences. It also envisages the creation of a government-appointed "communications commission" that would be in charge of granting broadcast licences.

The information minister would be empowered to "issue policy guidelines" to the commission although it is described as "independent," while article 86 of the bill gives the minister the unilateral power to interrupt broadcasts, dismantle radio and TV stations and tap telephones. The internal security minister, for his part, is empowered to seize broadcasting equipment.

If adopted, the ICT Bill would even give the information minister power to control programme content, as the commission he appoints would also be responsible for ensuring the "good taste" of broadcasts.

David Makali, the head of the Nairobi-based Media Institute, said: "Culturally diverse societies such as Kenya do not have a universal value of what is good or abhorrent, and the discretion of the editor, guided by professional ethics and the existing laws on public nuisance and morality, is in our view adequate."

But Kenyan Vice-President Kalonzo Musyoka insisted last week that the ICT Bill would reinforce the media's "professionalism."

The bill has sparked an outcry among Kenyan journalists and in the international community and, on 1 December, the Media Institute and Kenya Editors Guild called for it to be withdrawn to allow for more consultations. If it is adopted in its current form, the Media Institute has threatened to challenge its constitutionality.

"Regulation of professional or editorial content should be left to the professionally inclined mechanisms of the existing Media Council," Makali said. "Given this government's track record of relations with the media over the past six years, the media has cause to be apprehensive that the amendments as proposed will seriously curtail media freedom."

Reporters Without Borders points out that in a report issued on 6 March – entitled "How far to go? Kenya's media caught in the turmoil of a failed election" – it urged the Kenyan authorities to be less mistrustful and hostile towards the media and to help them strengthen their ability to regulate themselves, work together and train journalists.

Dear R K, I would like to inform you what is happening to Ugandan guards in Iraq. Employee companies have unilaterally decided to cut the pay for guards from $1000 up to $600 per month, and pocket the difference.

Details reaching us indicate that EODT an American company sub-contracted Askar Seculity Services, a Uganda based private company to hire guards for Iraq. Askar has decided to cut the pay for the Ugandan guards when US company EODT has not reduced the money they pay Askar. The Uganda government is well aware of this day light theft. Some guards are forced to sign new contracts of $600 because of expiration of their old contracts. Our rights are being violated.

The contract expires in 3 ways: By performance, expiration date or by death. Soon some guards are coming back home as they refused to sign for the $600 contract.

In addition to that, if your contract has expired and you refuse to sign a new contract, you are forced to pay for your transport costs. Affected camps so far FOB Shield, Victory base camp which accomodate 2000 guards

Your series on "disappeared" people is informative. Could you assist with providing any information on Celestine Opobo? This was an Acholi Non-Commissioned Officer (NCO) attached to Nile Mansions under the Obote II and Lutwa regimes.

He was involved in the war against Amin from Tanzania in 1979. He seemed popular across tribes and following the taking of Kampala by the NRA in 1986 he was one of several people picked up by the intelligence services from their home address - he lived on Luwum Street.

He was later released but disappeared circa 1987. He was reported to be living in his traditional village in the Kitgum region but this report was never verified given the rebellions in the north. His wife who remained in Kampala was harassed by the security services during this period with allegations that her husband was involved in the rebellions in the north. To date, no one has heard of Opobo since 1987. His family would be entirely grateful for any light that can shed on hsi whereabouts or what happened to him.

My attention has just been drawn to the article by Akaki which appeared in the Sunday Monitor, of 2nd November, 2008 entitled "Who cares if Barrack Obama wins or loses on Tuesday", which I think should not be left to pass without comment.

I believe I know where Mr Akaki is coming from, regarding his line of thought, which is at variance with the reported celebration in Lira Hotel recently, following the election victory of Mr. Obama. Judging from his writings collectively, my assessment of him is that he suffers from an identity crisis and political delinquency. His veiled political intentions are often cleverly disguises his envy, jealousy and intrigue.

Equally he is known to be misusing his position to paddle his "Oyima politics". He is still holding on to the Oyima arrogant "big brain" mentality. He should be reminded that it is the Oyima "big brain" club which brought Uganda to the chaos we are still wallowing in today, the idea that if your group underachieved during the colonial period then having "attained" political power (the Presidential office) the President's tribe can rig its way to the top of the national "league table" by just eliminating effective leaders from the other (more successful) group. This type of politics which had its origin in the sixties, later became the cornerstone of the Amin's regime and even more so now, the principal creed of the present regime.

Allegedly it was the Oyima "big brain" club that advised against the arrest of Idi Amin in 1966 and 1970, even though on both occasions there were more than sufficient grounds for his arrest and possible court martial. Allegedly it was also the same club during the Obote II regime which deliberately (against senior UNLA officers' advice) preferred to leave an even more dangerous beast in the name of Yoweri Museveni, get away, just because they thought it was "wise" to continue using Luwero (under the command of John Ogole, dubbed the Butcher of Luwero) as a clearing house of their enemies, real or imaginary.

Is that not why Mr Obote never made any single public enquiries into the deaths of so many prominent Ugandans during either of his two regimes? To help Mr. Akaki further, I wish to refer him to a five part serialization entitled "Uganda's mysterious deaths", Sunday Monitor during May/June, 2007, by M/s John Sserwaniko and Richard Wanambwa.

The list is inaccurate in some aspects and not comprehensive as regards other mysterious deaths of prominent Northerners, nevertheless it is a good attempt to reconstruct our sordid history. Perhaps Mr Akaki would also be kind enough to ask another Oyima stalwart, Mr. Naphlin Akena Adoko, formerly Chief General Service Officer in the 60s, now living in London, for his comments on some of these mysterious deaths.

Those secret assassinations and attempted assassinations, which started as early as 1965 (well before the 1966 crisis) to 1971, resumed again between 1980-1985. The families and friends of the victims are not fooled by the wool being pooled over their eyes, by Mr. Akaki. Recently a widow of one of those assassinated prominent Ugandans allegedly challenged the Chief of Oyima clan, about the death by poison of her husband in 1966. Not surprisingly his response was complete silence. I am sure Mr Akaki and the Oyima chief both know what I am talking about.

In one of his recent articles, Mr. Akaki laments the loss of innocent Oyima men and women in his article to the Sunday Monitor of 8th June, 2008, entitled "How much blood has Oyima clan paid for Obote?". I agree with him entirely that those who died did not deserve that fate. But he should look no further than his own backyard for an explanation to the tragedy that befell the Oyima clan. Some of the master planners of the "mysterious deaths in Uganda ", including the current clan chief, ought to provide him with the possible explanation.

Mr. Akaki should not think that Ugandans have not come out with the dirty linen of the two Obote regimes because their killings have been such a smooth operations, that the victims' relatives do not know who killed their loved ones. They do, therefore Mr. Akaki would do well to remember the saying that "those who live in glass houses should not be the first to throw stones".

( Mr Sam Akaki writes a column QUESTIONS ON SUNDAY which appears in Sunday Monitor - Editor )

Dear Radio Katwe,
I have read here, words like Rwandans and Rwandise, Who is who? Any Rwandise or Rwandan to clarify?

Km